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We live in wisconsin. my husband left our home and all

We live in wisconsin...

We live in wisconsin. my husband left our home and all furnishings to his adult children He bought the home prior to our marriage. Do I have a legal right to any part of home or furnishings.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in WI family court?

No not yet

Lawyer's Assistant: Have you talked to a lawyer about this yet?

He has stage 3 lung cancer but I need to know my rights when he passes.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

His children are an issues son is alcoholic daughter has never worked husband supports her and she has alcohol and drug issues so I need to prepare myself on my legal rights.

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Customer reply replied 1 month ago
My husband has a living will in Wisconsin if that will make a difference for my legal rights.
Answered in 33 minutes by:
3/16/2018
Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 8,316
Experience: 30 Years in General Practice and Estate Planning
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Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

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In Wisconsin when parties marry their separate property remains separate unless the other spouse is added to the title.

That being, said depending on how long you lived and contributions you have made the real property you can assert a legal interest.

Where in WI is the real property located?

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Customer reply replied 1 month ago
Oxford Wisconsin. Married 5years

It is helpful that you are in WI as they try to view the home as community based on many factors that I will provide.

First this is the definition of separate property

"Separate property

Separate property” is not subject to division... Separate property includes, but is not limited to, the following:

Now let me provide the exceptions. One moment please.

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"Wisconsin Courts Divide Property Using Community Property Principles

Generally, Wisconsin courts favor an equal division of marital property. However, a court may deviate from an equal distribution of assets after considering several factors, including:

  • the length of the marriage
  • the property each spouse brought into the marriage
  • whether either spouse has substantial assets not subject to division by the court (e.g., substantial separate property, such as a large inheritance)
  • the spouses’ ages and physical and emotional health
  • each spouse’s contributions to the marriage, giving appropriate economic value to any homemaking and child care services either spouse provided during the marriage, and
  • each spouse’s earning capacity (the ability to earn income based on education, job history and skills, and local employment opportunities)." https://www.divorcenet.com/states/wisconsin/wi_faq03
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Customer reply replied 1 month ago
Do to my husbands health issues I have not been able to work because I need to be home to take care of him. He now has many doctor visits so I have to be able to take him back and forth to doctor. Also I have to do all housework, shopping cooking ect .

You have rights under the law as this is your residence.

"Wis. Stat. 861.01  Ownership of marital property at death.

(1)  Surviving spouse's one-half interest in marital property. Upon the death of either spouse, the surviving spouse retains his or her undivided one-half interest in each item of marital property. The surviving spouse's undivided one-half interest in each item of marital property is not subject to administration. Ownership and management and control rights are set forth under ss. 857.01 and 857.015.

(2) Interest of a 3rd party in marital property. A 3rd party who is a successor in interest to all or part of the decedent's 50 percent interest in marital property is a tenant in common with the surviving spouse." https://www.theburtonlawoffice.com/single-post/2017/10/21/What-Does-Wisconsin-State-Law-Say-About-My-Surviving-Spouse%E2%80%99s-One-Half-Interest-In-Marital-Property-Or-What-Does-my-Spouse-Get-When-I-Die

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Customer reply replied 1 month ago
I guess it sounds like I can stay in the home and some furnishings will be able to stay with m

You have many rights.

Let me provide a link for local Attorney to tell you exactly what you will be entitled to and make sure that you receive what you have a legal right. One moment Please.

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This is a link for Attorneys in your area that provide FREE consultations http://lawyers.findlaw.com/lawyer/firm/probate-estate-administration/oxford/wisconsin

They will be able to put you at ease as well be available if you need assistance.

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Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 8,316
Experience: 30 Years in General Practice and Estate Planning
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Customer reply replied 1 month ago
thank you for your help

You are most welcome. It was my pleasure to work with you.

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